Expungement and Sealing: How Long Do I Have To Wait To Expunge My Record

If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

How Long Do I Have To Wait To Expunge My Record

I was charged with a class C misdemeanor for shoplifting last july. I completed deferred disposition and the case was dismissed. (there was no arrest) I am now wanting to expunge my record. From the information I have read I believe that I am eligible, but I am wondering if I have to wait a certain amount of time before I can expunge this or can I do this immediately. Also, is a lawyer required? Or can I simply purchase something online to expunge my record. I have visited various websites that allow you to purchase an expungement kit for around $200 that will acomplish this for you. If a lawyer is required what steps exactly do you have to go through to succesfully expunge a shoplifting charge. THANKS in advance for any help!

Re: How long do i have to wait to expunge my record

Typically, you don't have to wait as long as the deferred addjudication has been completed. Understand, you can only expunge a class C Misdemeanor. Anything else would need to be sealed. For expunction, you are permitted to do it yourself, however, it may be a little more difficult since you are expunging a deferred adjudicaiton over a dismissal or acquittal. Expunging a deferred adjudication is trickier b/c involves several statutes and not just the expunction statute (which doesn't expressly say you can expunge a deferred adjudication.) You have to petition the district court in the county where the offense occurred and appear at a hearing and convince the judge and DA why you qualify and why it is in the best interest of justice. I would beware of "expunction kits" as they are usually not prepared by an attorney and may be missing crucial information in the petition or order or not fully instruct you as to what to do. If you want assistance from an attorney, feel free to contact me at vance@mcmurrymcmurry.com and we can possibly arrange something. Good luck.

Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.